[House Report 109-624]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-624
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COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP PROTECTION STUDY ACT
_______
September 6, 2006.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2110]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2110) to provide for a study of options for protecting
the open space characteristics of certain lands in and adjacent
to the Arapaho and Roosevelt National Forests in Colorado, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Colorado Northern
Front Range Mountain Backdrop Protection Study Act''.
(b) Findings.--Congress finds the following:
(1) Rising dramatically from the Great Plains, the Front
Range of the Rocky Mountains provides a scenic mountain
backdrop to many communities in the Denver metropolitan area
and elsewhere in Colorado. The portion of the range within and
adjacent to the Arapaho and Roosevelt National Forests also
includes a diverse array of wildlife habitats and provides many
opportunities for outdoor recreation.
(2) The open space character of this mountain backdrop is an
important esthetic and economic asset for adjoining
communities, making them attractive locations for homes and
businesses.
(3) Rapid population growth in the northern Front Range area
of Colorado is increasing recreational use of the Arapaho and
Roosevelt National Forests and is also placing increased
pressure for development of other lands within and adjacent to
that national forest.
(4) Efforts by local governments and other entities have
provided important protection for portions of this mountain
backdrop, especially in the northern Denver metropolitan area.
However, some portions of the mountain backdrop in this part of
Colorado remain unprotected and are at risk of losing their
open space qualities.
(5) It is in the national interest for the Federal
Government, in collaboration with local communities, to assist
in identifying options for increasing the protection of the
mountain backdrop in the northern Front Range area of Colorado.
(c) Purpose.--The purpose of this Act is to identify options that may
be available to assist in maintaining the open space characteristics of
lands that are part of the mountain backdrop of communities in the
northern section of the Front Range area of Colorado.
SEC. 2. COLORADO NORTHERN FRONT RANGE MOUNTAIN BACKDROP STUDY.
(a) Study and Report.--The Secretary of Agriculture, acting through
the Chief of the Forest Service and in consultation with the State and
local officials and agencies specified in subsection (c), shall review
the lands within the study area and, not later than one year after the
date of the enactment of this Act, shall report to such officials and
to Congress regarding the following:
(1) The present ownership of such lands.
(2) Which undeveloped land may be at risk of development.
(3) Actions that could be taken by the United States, the
State of Colorado or a political subdivision of such State, or
any other parties to preserve the open and undeveloped
character of such lands.
(b) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Study area.--The term ``study area'' means those lands in
southern Boulder, northern Jefferson, and northern Gilpin
Counties, Colorado, that are situated west of Colorado State
Highway 93, south and east of Colorado State Highway 119, and
north of Colorado State Highway 46, excluding lands within the
city limits of the cities of Boulder or Golden, Colorado, as
generally depicted on the map entitled ``Northern Front Range
Mountain Backdrop Study Area'' dated April, 2006.
(2) Undeveloped land.--The term ``undeveloped land'' means
land that--
(A) is located within the study area;
(B) is free or primarily free of structures; and
(C) the development of which is likely to adversely
affect the scenic, wildlife, or recreational value of
the study area.
(c) Consultations.--In implementing this Act, the Secretary shall
consult with the following:
(1) The Colorado Department of Natural Resources.
(2) Colorado State Forest Service.
(3) Colorado State Conservation Board.
(4) Great Outdoors Colorado.
(5) The Boards of County Commissioners of Boulder, Jefferson,
and Gilpin Counties, Colorado.
(d) Rule of Construction.--Nothing in this Act shall be construed as
authorizing the Secretary of Agriculture to take any action that would
affect the use of any lands not owned by the United States.
PURPOSE OF THE BILL
The purpose of H.R. 2110 is to provide for a study of
options for protecting the open space characteristics of
certain lands in and adjacent to the Arapaho and Roosevelt
National Forests in Colorado, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The State of Colorado has grown significantly in recent
years and even gained a House of Representatives seat in th
last census. As such, the Denver-metro area has expanded and
may continue expanding into the ``front range'' of the Rocky
Mountains. West of the front range, the Forest Service manages
the Arapaho-Roosevelt National Forest. H.R. 2110 would
authorize a study conducted by the Forest Service on the best
way to protect open space between the Denver-metro area and the
National Forest.
The bill would require, within one year of enactment, the
Forest Service to study the ownership patterns of the land in
the front range area, identify areas that are open and could
possibly be developed, and recommend to Congress how these
lands might be protected and how the federal government could
help local communities and residents preclude development. The
lands identified for study are within Colorado's Second
Congressional District represented by Congressman Mark Udall.
At the legislative hearing on H.R. 2110, the Forest Service
made several suggestions, including clarifying language that
would ensure the Forest Service and the Department of
Agriculture only influenced lands under its jurisdiction and
that land use decisions on non-federal land be made by the
appropriate zoning or planning authority. Congressman Mark
Udall worked with the Forest Service to draft an amendment to
the bill making these and other technical changes. The
amendment was approved during the Full Committee markup.
COMMITTEE ACTION
H.R. 2110 was introduced on May 4, 2005, by Congressman
Mark Udall (D-CO). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On March 9, 2006, the Subcommittee
held a hearing on the bill. On July 19, 2006, the Full
Resources Committee met to consider the bill. The Subcommittee
was discharged from further consideration of the bill by
unanimous consent. An amendment making substantive changes
requested by the Forest Service was offered by Congressman
Udall and agreed to by unanimous consent. The bill, as amended,
was then ordered favorably reported to the House of
Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, clause 3 of the Constitution of the
United States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 2110--Colorado Northern Front Range Mountain Backdrop Protection
Study Act
H.R. 2110 would require the Forest Service to conduct a
study of the lands in and adjacent to the Arapaho and Roosevelt
National Forests in Colorado. The study would report on the
present ownership of the lands, underdeveloped areas that may
be at risk for development, and preservation actions that can
be taken by Colorado state and local governments and other
interested parties. Under the bill, the agency would report its
findings and recommendations to the Congress within one year of
the bill's enactment.
Based on information provided by the Forest Service, CBO
estimates that the study required under H.R. 2110 would have no
significant impact on the federal budget. Enacting the bill
would have no effect on revenues or direct spending.
H.R. 2110 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contacts for this estimate are Leigh Angres
and Deborah Reis. This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.